United States Fidelity & Guaranty Co. v. Wilson

GARDNER, Circuit Judge.

The appellant, as plaintiff below, brought action against the defendant to recover $10,-000 on a contract of indemnity. The ease was before this conit on a prior appeal from a judgment in favor of tho defendant upon a directed verdict. 41 F.(2d) 319. The parties will he referred to as they appeared in the lower court. On the first trial, defendant introduced no testimony, but on the second trial, he introduced evidence in defense of the action, and the record now before us is materially different from that on the former appeal.

On February 25,1924, the firm of…